Fixed Fee Family Consent Orders & Divorce

People who have separated seek Consent Orders for the following reasons:

• To finalise their property settlement once and for all so that parties are able to move on with their lives and re-partner, purchase new properties and obtain new employment without fear of their ex-spouse making a claim on their assets years after separation.
• Finalising Consent orders means future inheritances, compensation payouts and other windfalls are protected from future claim by your ex-spouse.
• To obtain the stamp duty exemption for transfer of property between the parties. e.g. if a property is held in solely your partner’s name you do not need to pay stamp duty for the property to be transferred to you.
• To provide certainty and clarity as to parenting arrangements.
• To avoid misunderstandings as to what is to occur in respect of parenting arrangements where there can often be disagreements as to what is to occur on specific days e.g., Christmas Day, birthdays and school holidays.
• To avoid parties changing their mind about what was agreed in terms of parenting arrangements and property matters.
• To ensure that the agreement reached in respect of property and parenting is legally enforceable.

We understand that sometimes parties have already reached an agreement and simply need the assistance of a solicitor to formalise the agreement without any negotiations between legal representatives which can be costly and time consuming.

The steps followed in this situation are as set out below:

• We take instructions from you about your agreement.
• We formalise this agreement by drafting an Application for Consent Orders and Consent Orders which must be submitted together to the Court.
• We send you the draft Application for Consent Orders and Consent Orders for approval.
• We make any amendments required. Our fixed fee allows for the documents to be changed three times before any further fees are incurred.
• We organise for you to execute the documents.
• We file the documents with the Court.
• We provide you with the sealed orders once received by the Court and advise you as to the next steps (if any are required).

The following work is included in fixed fee property and parenting consent order quote:

• Telephone conference with a solicitor to discuss your matter and to take detailed instructions about your proposed agreement
• Preparation and drafting of your Court application, consent orders and agreement
• Up to 3 revisions of your documentation / agreement
• Guiding you in signing your documents
• Filing of your documentation with the Court
• Assisting you to deal with and respond to any requisitions from the Court (a quote will be provided prior to any substantial amendments)
• Sealed copy of the orders to be provided to you and a copy to be retained in our safe custody on your behalf

The price for a superannuation splitting order does not include superannuation schemes that need specialised valuation and other services. We will let you know if this is the case in your situation and provide you with a separate quote.

The price for parenting consent orders does not include preparation of a risk notice if there are current or historical domestic violence orders. We can also draft a notice of risk and prepare relevant documents in this situation for an additional cost of $500 plus GST.

There is no guarantee that your Consent Orders will be approved by the Court. If the Court views the Consent Orders as not being just and equitable, they can refuse to make them.

Our fixed fee service includes our solicitors obtaining your instructions and drafting Orders in a suitable format but as instructed by you. We will not advise you as to your entitlement or what division the Court will consider acceptable for the Consent Orders to be made.

If you require advice as to your proposed Consent Orders and entitlement, we are more than happy to assist you via a consultation which can be conducted via Zoom, Microsoft teams or telephone. We charge a fixed fee of $300 plus gst for this consultation.